Criminal Trials

ORS 136.580
Subpoenas when books, papers or documents are required

(1)

If books, papers or documents are required, a direction to the following effect shall be added to the form provided in ORS 136.575 (Forms of subpoenas): “And you are required, also, to bring with you the following: (describing intelligibly the books, papers or documents required).”

(2)

Upon the motion of the state or the defendant, the court may direct that the books, papers or documents described in the subpoena be produced before the court prior to the trial or prior to the time when the books, papers or documents are to be offered in evidence and may, upon production, permit the books, papers or documents to be inspected and copied by the state or the defendant and the state’s or the defendant’s attorneys. [Formerly 139.080; 1993 c.304 §1]

Notes of Decisions

Audiotapes are functional equivalent of “books, papers or documents” for purposes of being subject to subpoena duces tecum. State v. Cartwright, 336 Or 408, 85 P3d 305 (2004)

Discretionary procedure for court to order early production of documentary materials presupposes issuance of proper subpoena duces tecum summoning materials to court proceeding where materials will or may be called into evidence. State v. Cartwright, 336 Or 408, 85 P3d 305 (2004)

Where witness testified at proceeding, defendant had right to compel third-party production of documentary materials having potential usefulness for cross-examination of witness. State v. Cartwright, 336 Or 408, 85 P3d 305 (2004)

When party subpoenas production of material for cross-examination at trial, court must order production unless it is clear that documents have no potential use for that purpose. State v. Bray, 363 Or 226, 422 P3d 250 (2018)

Source

Last accessed
Mar. 11, 2023

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